39Appointment of mediators

#### 39 Appointment of mediators 39 Appointment of mediators > > (1) The President may, in accordance with the regulations, appoint persons to be— > > > > > (a) mediators for the purposes of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086) to mediate on claims for work injury damages within the meaning of that Act as and when required to do so by the Division Head of the Workers Compensation Division, or > > > > > (b) mediators for any other purposes prescribed by the regulations. > > > (2) A person is qualified to be appointed as a mediator only if, in the opinion of the appointor, the person has— > > > > > (a) special knowledge, skill or expertise in respect of the enabling legislation concerned, and > > > > > (b) mediation qualifications of a kind prescribed by the regulations. > > > (3) Mediators are, in the exercise of their functions, subject to the general control and direction of the President. > > > (4) Subject to this section, a mediator holds office for the period (not exceeding 5 years) specified in the instrument of appointment of the mediator, but is eligible for reappointment. > > > (5) A mediator is entitled to be paid the remuneration (including travelling and subsistence allowances) in respect of work done as a mediator as the Minister may from time to time determine in respect of the mediator. > > > (6) A mediator vacates office if the mediator— > > > > > (a) dies, or > > > > > (b) completes a term of office and is not reappointed, or > > > > > (c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or > > > > > (d) becomes a mentally incapacitated person, or > > > > > (e) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or > > > > > (f) resigns the office by instrument in writing addressed to the President, or > > > > > (g) is removed from office by the President. > > > (7) The President may at any time remove a mediator from office. > > > (8) The provisions of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) relating to the employment of Public Service employees do not apply to a mediator.